How To Calculate Spousal Maintenance or Alimony in Illinois
Divorce Attorneys for Spousal Support and Maintenance in DuPage County
On January 1, 2016, the current spousal maintenance statute in Illinois went into effect. Spousal support is now calculated using two main factors: the gross income of the spouses and the length of the marriage. Under the formula, maintenance is calculated by taking 30 percent of the gross income of the spouse who earns more minus 20 percent of the gross income of the spouse who earns less. However, the amount of maintenance plus the gross income of the party receiving maintenance cannot exceed 40% of the parties’ combined gross income.
How long spousal maintenance is paid depends on the length of the marriage. The number of years of the marriage is calculated by the percentage put forth in the spousal maintenance statute. For example, if the couple was married for 7 years, then the number 7 is multiplied by 40%. This means that maintenance will be paid or 2.8 years. The statute outlines the percentages that coincide with the duration of the marriage as follows:
- 0-5 year marriage: Number of years of the marriage is multiplied by 20%
- 6-9 year marriage: Number of years is multiplied by 40%
- 10-14 year marriage: Number of years is multiplied by 60%
- 15-19 year marriage is multiplied by 80%
- 20 years or more of marriage is multiplied by 100% (this means that spousal maintenance will be paid until either spouse is deceased)
There are some situations in which the spousal support formula does not apply. For instance, if the divorcing couple's combined income is $250,000 or more, the new support guideline will not apply. In addition, if the spouse that earns more has a support obligation from a previous marriage or relationship, the formula would not apply to him or her. Finally, the court is granted the discretion to award more or less maintenance than what the support guideline dictates.
After a judge has completed the maintenance calculations outlined above, the judge will add the amount of annual maintenance to the gross income of the party receiving maintenance. When the maintenance is added to the spouse's income, the judge will ensure that the sum of the maintenance and spouse's income does not exceed 40% of the couple's combined income.
Contact Our DuPage County Family Law Attorneys
With the new family-related laws in Illinois, calculating child and spousal support can be difficult and complex. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you determine exactly how much you owe in spousal support payments. If you would like to challenge your spousal maintenance order or you are going through a divorce, schedule a consultation with our attorneys. Call us at 630-665-7300 or contact us online. We serve clients in Kane County and DuPage County.